WTF? Eddie McGuire, the C-bomb and the granny

Wendy Harmer

This week, Eddie McGuire dropped the “C–bomb” on a live Fox Sports television show.

Under various state summary offences acts regarding offensive language in a public place, you’d expect the fines to be in the mail.

Except because the law is a total, effing ass, it’s all a bit of a giggle.

A “funny slip of the tongue” as Eddie bashfully described it on the Today show next morning when interviewed by host Karl Stefanovic.

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Silly Eddie can swear until he’s blue in the face – profanity doesn’t bother me. Stefanovic may well agree. In 2011 when the Victorian government introduced on-the-spot fines for offensive language, he tweeted: "Just [heard] the government wants to fine people for swearing. That's bullshit."

Just as well the celebrity chums didn’t drop a few choice words at 4am in Kings Cross in front of an unamused police officer.

Even if there was no one else to hear them, with an improved legal weapon provided by former premier Barry O’Farrell’s summer assault on “alcohol fuelled violence”, the fine for incendiary language is $500.

If they’d responded WTF? Stefanovic and McGuire may have been arrested. If they didn't go quietly? Tasered.

Funnier things have happened.

The charge of offensive language is the “perfect verbal” says barrister Simon Priestley who has spent about 26 years specialising in family and criminal law in Port Macquarie and the northern rivers area.

It’s a region of NSW that has high youth unemployment and a large Indigenous population – both statistically over-represented in local magistrates’ courts.

“In my experience, almost all police officers are decent, but there is, like in any group, a significant number who have power and control issues,” Priestley said this week.

“Even the decent coppers get cranky with the smart-mouthed kids – they have no patience left for them and, because swearing is so common, it’s a simple way of exerting power.”

Last year, NSW police laid more than 5000 charges foroffensive language, and issued a similar or larger number of “on-the-spot” fines according to a recently published article from University of Wollongong's school of law.

What’s the worst that can happen when you swear in the street within the hearing of police? You don’t have to be a smart-mouthed kid to find out.

In a case which made the front page of the Northern Star newspaper a few weeks ago, a 53-year-old Queensland grandmother – who had no criminal record – ended up with a payout of $150,000 from the state of NSW for false arrest, wrongful imprisonment, assault, injury and malicious prosecution by police.

Priestley represented Suzanne Farley in court and said the incident began with an incredulous WTF and ended with tasers.

As he said: “The last alternative to being shot.”

One evening in 2010, in the sleepy coastal hamlet of Evans Head, Farley and her then partner Graeme Cooke, were dining with friends and family at the Illawong Hotel.

As they made their way to a taxi rank, Cooke, on spotting three police, struck up an ill-advised conversation - the details of which were in dispute but began with Cooke saying: “It’s the f---ing S.W.A.T.” The situation then escalated when an officer replied: “Say that again and I will arrest you for swearing.”

Cooke asserts he said: “You’ve got to be kidding.”

Farley stepped in and (to quote the Northern Herald) was thrown to the ground and handcuffed.

“She was alarmed because he (Cooke) had a heart condition,” said Priestley.

The words quoted in subsequent court documents: “Comply, comply or you will be tasered!” and “My heart, my heart!” make for difficult reading.

In her statement to the court, Farley claimed one of the officers said: “You are nothing but a slag anyway.”

Coming to his partner’s aid, Cooke was then tackled to the ground by two officers, capsicum sprayed and tasered several times.

Both were taken to Lismore police station and charged with the “trifecta” or “holy trinity”, as the lawyers call it, of offensive language, resisting arrest and assaulting police.

Priestley said: “The question has been seriously put to police in court in the past, ‘you weren’t going to shoot him for swearing, were you?'"

After having the charges thrown out, both sued the state. Cooke settled out of court, but Ms. Farley pursued civil charges against the state of NSW, citing “humiliation, embarrassment, loss of dignity, emotional stress, feelings of intimidation and coercion”.

Cooke settled his case and, on March 11 this year, judge Michael Elkaim found in Farley’s favour – awarding $150,000 in compensation and legal fees.

Her solicitor said she was “pleased to be able to get on with her life” after a four-year battle. Priestley was blunt: “She’s unable to do her gardening, can’t lift her grandchildren and has panic attacks every day.”

What constitutes offensive language is tested against a judgment handed down before I was born. The case of Worcester v Smith [1951] VLR 316 states that offensive language must be “such as is calculated to wound the feelings, arouse anger or resentment or disgust or outrage in the mind of a reasonable person”.

These days what offends “community standards”, the forbidden words and what constitutes a “public place” are all vague notions.

Who now is that “reasonable person” who is disgusted and outraged? He was once said to be the “the man on the bus”.

Did he make in home in time to watch Fox Sports, I wonder?

Wendy Harmer is the editor in chief of The Hoopla. thehoopla.com.au

16 comments so far

Pity that it wasn't his big head and his Americanisms that he had dropped! He thinks that he is just so good!!!

Commenter

Cayce

Location

Brisbane

Date and time

May 03, 2014, 4:02AM

Thank you Wendy Harmer.Jeez, you've actually covered a few topics here.If I am not mistaken, the case also involved dealing with sequelae arising from the arrest and incident more broadly - the arrest, and physical and emotional issues flowing from it; it was not just to do with the swearing.But, to get back to your focus on the swearing:(i) Should police just 'cop it sweet' (OK,OK - I thought I could slip that in) when people swear at them?(ii) Surely, the magistrates who think so will not mind when those in the dock swear at the magistrate - all are equal before the law?(iii) Equally, the public won't mind when police swear at them (hey, this is looking good)?(iv) We can already swear at each other with gay abandon - "sticks and stones…." - so why not go the whole hog and stop being outraged, distressed or just plain precious when 'Eddie Everywhere" or other public figures let the F..or C.. word drop?(v) Is there still a place for that "reasonable person” - he may have once been “the man on the bus”, but perhaps it's time he moved on?

Commenter

Howe Synnott

Location

Sydney

Date and time

May 03, 2014, 5:23AM

Personally I'm over King Kong McGuire, although I have to admit by Collingwood standards he's actually not a bad bloke.

Commenter

SteveH.

Date and time

May 03, 2014, 6:24AM

The problem with 'community standards' is that there just don't seem to be any anymore.

Commenter

The man on the bus

Date and time

May 03, 2014, 7:35AM

McGuire is the same buffoon that quipped Adam Goodes could promote the movie King Kong. He got off that outrageous comment with an apology too. Why didn't the book get thrown at him when that happened? The L.A. Clippers owner got the treatment bigots deserve. But McGuire lived to offend another day. Poor form all involved.

Commenter

7543

Date and time

May 03, 2014, 7:38AM

To find out if language is considered offensive, have either the Presecutor or defence call a judge something similar after losing their case! Hell hath no furey like a judge scorned.

Commenter

TrevM

Date and time

May 03, 2014, 7:46AM

The only swear words left that create outrage are those linked with bigotry. However, there is a plan to legalise those words as well. This will not end well.

Commenter

Good Logic

Date and time

May 03, 2014, 7:48AM

Happy when both Eddie McGuire and Wendy Harmer off air.

Commenter

Standards UP!

Date and time

May 03, 2014, 8:53AM

When my students use the C word, I tell them if they are going to use it, they must use the correct technical name - vagina. They laugh but I keep reminding them. The use of the C word has dropped dramatically in my class. They even attempt to educate other students in the playground. (My students are the students no one wants to teach because of their behaviour). I do a similar thing with the F word. When they say - I don't f..ing know - I ask them, how can the word 'know' f...? They look at me as if I am mad but I perservere. That word is also used less and our conversations are more respectful.

Commenter

ljb

Date and time

May 03, 2014, 8:57AM

This is supposedly in the real world too; go figure!http://www.smh.com.au/rugby-union/union-news/sanzar-penalty-on-waratahs-coach-michael-cheika-way-too-harsh-20140502-zr30l.html